# In the matter of Vishal Vijay Kalantri Vs. DBM Geotechnics & Construction Pvt. Ltd. and Anr. CA(AT)(Ins) 139, 697,698,722 of 2019

> NCLAT judgment dated 2020-03-12. Citation: TCN-2020-NCLAT-00317. The case involves multiple appeals (Company Appeal (AT) (Insolvency) No. 139 of 2018, 697 of…

- **Court:** NCLAT
- **Order date:** 12 Mar 2020
- **Citation:** TCN-2020-NCLAT-00317
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/vishal-vijay-kalantri-vs-dbm-geotechnics-construction-pvt-ltd-and-anr-ca-96d70b40

## Summary

### Background

The case involves multiple appeals (Company Appeal (AT) (Insolvency) No. 139 of 2018, 697 of 2019, 698 of 2019 and 722 of 2019) filed against orders passed by the National Company Law Tribunal (NCLT), Mumbai Bench, regarding the Corporate Insolvency Resolution Process (CIRP) of Dighi Port Limited. Initially, DBM Geotechnics and Constructions Pvt. Ltd. filed an application under Section 9 of the Insolvency and Bankruptcy Code (IBC) for initiating CIRP against Dighi Port Limited, which was admitted by the Adjudicating Authority on March 25, 2018. Vishal Vijay Kalantri, a director and shareholder of Dighi Port Limited, challenged the admission order, claiming the existence of a dispute. During the pendency of the appeals, Adani Ports and Special Economic Zone Limited

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## Facts

DBM Geotechnics and Constructions Pvt. Ltd. initiated Corporate Insolvency Resolution Process (CIRP) against Dighi Port Limited under Section 9 of the Insolvency and Bankruptcy Code (IBC). The Adjudicating Authority admitted the application on March 25, 2018. Vishal Vijay Kalantri, a director and shareholder of Dighi Port Limited, challenged the admission order, claiming the existence of a dispute. The Committee of Creditors (CoC) was formed, and resolution plans were invited. Adani Ports and Special Economic Zone Limited (APSEZL) submitted a resolution plan, which was initially rejected by the CoC. Jawaharlal Nehru Port Trust (JNPT) submitted a resolution plan, which was approved by the CoC and subsequently approved by the NCLT on May 8, 2019. APSEZL and Vishal Vijay

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was justified in admitting the application for initiation of …

**Ratio:** The Adjudicating Authority has the power to admit an application for initiation of CIRP

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**Reasoning:** The Tribunal did not delve into the initial issue of pre-existing dispute, as the matter

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**Interpretation:** Section 9 of the IBC outlines the conditions for initiating CIRP by an

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**Application:** The Tribunal did not interfere with the Adjudicating Authority's decision, as

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Vishal Vijay…
- **Respondents:** Dighi Por…; DBM Geotechnics…

## Timeline

- **2018-03-25 — CIRP Init…**: Adjudicating Authority admitted the application for initiation of CIRP against Dighi Port…
- **2019-05-08 — JNPT Resolution Plan…**: Adjudicating Authority approved…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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